Whistleblowing or Raising Concerns at Work

Under the Public Interest Disclosure Act 1998 (PIDA), workers are protected from dismissal or detriment for making a protected disclosure. To qualify:

• The individual must be a worker (includes employees, agency staff, trainees, and former workers);
• The disclosure must be made in the public interest;
• It must be made to an appropriate person-either internally or to a prescribed body.

Note: Volunteers, foster carers, and the self-employed are not covered by PIDA but should still be taken seriously when raising concerns.

The law provides legal protection to workers who have been victimised at work or lost their job because they have 'blown the whistle'. To receive the legal protection, a whistleblower must:

• Be a 'worker' for the organisation about which they are Whistleblowing;
• Reasonably believe they are acting in the public interest;
• Whistleblow to either the appropriate people within their organisation or to a relevant third party, such as one that inspects or regulates the activity of that organisation.

The definition of 'worker' for Whistleblowing purposes includes employees, temporary agency staff, home workers, trainees on vocational schemes, and those whose employment has ceased. It does not cover the self-employed, volunteers or foster carers. While these groups are not covered by the legislation that protects whistleblowers, their concerns would be listened to seriously and raised with the appropriate person responsible for the children's social care service/agency.

The Public Interest Disclosure Act 1998 (PIDA) amends the Employment Rights Act 1996 (ERA) by inserting Part IVA (protected disclosures) into the ERA. It offers protections to workers from any detriment from their employer that arises from the worker making a protected disclosure ('a qualifying disclosure'). Disclosure is another word for Whistleblowing.

To receive these protections, a worker must make a qualifying disclosure. This is any disclosure of information where:

• In the reasonable belief of the worker making the disclosure, it is made in the public interest and tends to show one or more of the factors outlined in section 43B of the PIDA;
• The worker makes it to one of a number of specified persons outlined in sections 43C to 43F of the PIDA. 

It may also be appropriate for a worker to make a disclosure under section 43G (disclosure in other cases), or section 43H (disclosure of exceptionally serious failure) of the PIDA.

Complaints and grievances are different to Whistleblowing and other employing organisations' policies and procedures should be followed.

The UK government is reforming whistleblowing laws through the Protection for Whistleblowing Bill, which proposes: The professional duty of candour - The Nursing and Midwifery Council.

Expanded definition of protected disclosures to include regulatory breaches, misuse of authority, and destruction of evidence.

• Broader definition of whistleblower to include non-employees and those perceived to be whistleblowers;
• Creation of the Office of the Whistleblower, a regulatory body with powers to investigate, issue orders, and award compensation;
• New criminal offences for subjecting whistleblowers to detriment, with fines and potential custodial sentences;
• Civil penalties for non-compliance, up to 10% of annual turnover or £18 million.

Additionally, from June 2025, whistleblower protections now cover disclosures related to financial, trade, and transport sanctions, with HM Treasury and other departments added as prescribed bodies. Regulation 20: Duty of candour - Care Quality Commission.